Res. No. 53-24 (Recorded)CFN 20240085116
OR BK 34883 PG 1
RECORDED 3/13/2024 2:00 PM
Palm Beach County, Florida
Joseph Abruzzo, Clerk
Pgs: 1 - 6; (6pgs)
RESOLUTION NO. 53-24
A RESOLt.ITION OF THE (.'ITY COMMISSION OF THE ('lTY OF
DELRAY BEACH. FLORIDA, OVERRULING THE- DENIAL OF A
CERTIFICATE OF APPROPRIATENESS, DEMOLITION. WAIVER,
AND VARIANCES BY THE HISTORIC PRESERVATION BOARD
AND APPROVING SAME FOR A TWO-STORY DUPLEX ON A
PORTION OF THE PROPER'rY LOCATED AT 130 SE iST AVENUE,
AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR
AN EFFECTIVE DATE: AND FOR OTHER PURPOSES.
WHEREAS, 130 SE I ". LLC (."Owtner") is the owner of the parcel of land measuring approximately
0.23 acres that includes a portion of Lot 14 and a portion of Lot 13) of the Amended Plat of Sundy and
Cromer's Subdivision of Block 70 ("the Property'"), as more particularly described in Exhibit "A"; and
WHEREAS. the Property is zoned Old School Square Historic Arts District (OSSI-IAD), within
the Old School Square Historic District and currently includes a single-family residence; and
WHEREAS, the Owner designated Jeff Costello, AIC P, IRA -RA, of.1C Planning; Solutions, Inc.
("Applicant") to act as its agent: and
WHEREAS, the City of Dclray Beach, Florida ("City") received a Certificate of Appropriateness,
Demolition, Waiver, and Variance application (2023-135) ("App(ication'") from the Owner, seeping to
demolish the existing single-family residence and construct a new, two-story, Freinch Colonial style duplex,
ivith a swimming pool and two -car garage for each unit; and
WI-IEREAS, a waiver is requested to Section 4.5. t(E)(7)(a) of the band Development Regulations
("Li)R") to allow the duplex structure to encroach within the required Building I leight Plane 2:1 ratio: and
WHEREAS. a variance is requested to LDR Section 4. 3.4 to allow45.5`fu lot coverage. where 4(}"0
maxinu1111 is allowed: and
WHEREAS, variances are requested to LDR Section 4.6.15 to allow swinniliiing pools to be located
five feet four and one halfinches fi-onn the rear property line and eight feet eleven inches fronn tine south
interior side property line, whereas 10 feet is required, and to allow a swin.nming pool. ten feet eight inches
front the front property line, whereas 25 feet is required: and
WIiFRFAS, at its meeting of January 17, 2024, the Historic Preservation Board denied the
Application by a vote oI74-3: and
WHEREAS, I_DR Section 2.5 provides procedures f«r the City Commission, through a new
evidentiary hearing. to review and reverse any action which if not appealed is final; and
Wf iERFAS, on .January lei, 2024, the Applicant flied an appeal of the: Ilistoric Preservation Board's
dcnia.l of the Application: and
CFN 20240085116
OR BK 34883 PG 2
Pg: 2 of 6
WHEREAS, LDR. Section 2.4.1 I(B)(5) provides findings for the approval of a waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not si!nificantiy diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and
(d) Does not result in the grant of a special privilege in that the Same waiver woui.d be granted under
similar circumstances on other property lt)r another applicant or owner.
WHEREAS, LDR. Section 2.4.1 l(A)(6) provides alternative findings for variances for the Historic
Preservation Board:
(a) That a variance: is necessary to maintain the historic character of property and demonstrate t1lat
the urrantino of the variance would not be contrary to the: public interest, safety, or welfare.
(b) That special conditions and circumstances exist. becaUSe of the historic setting. location, stature,
or character of the land, Structure, appurtenance, sign, or building involved. which are not
applicable to ether lands, structures, appurtenances, signs. or buildings in the same zoning district..
which have not been designated as historic sites or it historic: district nor listed on the local
Re(-),ister of Historic Places.
(c) That literal interpretation of the provisions of existing ordinances would alter the historic
character of the: historic district, or historic site to such an extent that it xvould not he feasible: to
preserve the historic character of the historic district or historic site.
(d) That the variance requested will not significantly diminish the historic character of historic site
or ofa historic district.
(e) That the requested variance is necessary to accommodate an appropriate adaptive reuse of a
historic buildinL1, structure. or site.
WI IEREAS, on March 5, 2024. the City Commission conducted a de novo review of the request for
the Certificate of Appropriatene5ti, Demolition. Waiver, and Variances and has considered the respective
findings as set forth in the Comprehensive Plan and Land IDevelopnient. Regulations at a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY TIIF CITY COMMISSION OF TIIE CITY OF
DELRAY BEACH., FLORIDA, AS FOLLOWS:
Section 1. The forgoing recitals are incorporated herein by this reference.
Section 2. The City Commission has considered the appeal Submitted by the Applicant and
hereby grants the appeal.
Section 3. The City Commission makes positive findings that the requested waiver to LDR
Itf::S. 1(). 5)3-24
CFN 20240085116
OR BK 34883 PG 3
Pg: 3 of 6
Section 4.5.1(E)(7)(a) to allow the duplex structure to encroach within the: required Building Height Plane
2:1 ratio (1) does not adversely affect the neighboring area: (2) does not significantly diminish the provision
of public: facilities; (3) does not create an unsafe situation, and (4) does not result in the grant of it special
privilege in that the same waiver would be granted under similar circumstances on other property for another
applicant or owner.
Section 4. The City Commission makes positive: findings that the requested variances to LDR
Section 4.3.4 to allow 45.51?/o lot. coverage (1) is necessary to maintain the historic character ofproperty and
demonstrates that the granting of the variance would not be contrary to the public interest, Safety, or welfare;
(2) special conditions and 617CUITIStances exist, because of the historic setting, location, naltire, or character
of the Iand, structure, appurtenance, sign, or building involved, which are not applicable to other lands,
S1rUCtures. appurtenances, signs, or buildings in the same coning district, which have not been designated
as historic sites or a historic district nor listed on the Local Register of Historic Places; (3) literal
interpretation of the; provisions of existing ordinances would alter the historic character of the historic
district, or historic site to such an extant that it would not he feasible to preserve the llistoric character of
the historic district or historic site; (4) the variance requested will not significantly diminish the historic
character of a historic site or of'it historic district: or (5) the requested variance is necessary to accommodate
an appropriate adaptive reuse of a historic building. stre.rcturc, or site.
Section 5. The City Commission makes positive findings that the requested variances to LDR
Section 4.6.15 to allow swimming pools to he located five feet four and one half inches from the rear and
Light feet eleven inches From the south interior side property lines, and to allow a swimming pool tell feet
eight inches front the front property line: (1) is necessary to maintain the historic character of property and
would not be contrary to the public interest, sal"ety, or welfare: (2) special conditions and circurnstances
exist, because of the historic setting, location, nature, or character of the land, structure, aplxrrterlallce, sign,
or building involved. which are not applicable to other lands. structures, appurtenances, signns, Or buildings
in the same: zoning district, which have not been designated as historic sites or a historic district nor listed
on. the Local Register of [Iistoric Places; (3) literal inteilirctation of tlic provisions of existing ordinances
would alter the historic: character of the historic district, or historic: site to such an extent that it would (lot
be feasible to preserve the historic character of the historic district or historic site; (4) the variance requested
will not significantly diminish the historic character of a historic site or of a historic district; or (5) the
recluestcd
variance is necessary to accommodate an appropriate adaptive reuse; of a historic building, structure, or site.
Section 6. The City Commission approves the Certificate of Appropriateness, Demolition,
Waiver, and Variances for the Property, finding; the request and approval thereof is consistent: with the
Conlprchensivc Plait and inchts the criteria set forth in the Land Development Regulations.
Section 7. 'The City Clerk. or designee. is directed to send a certified copy orthis RCsoltltion to
Jeff Costello, 981 Delray Lakes Drive, Delray Beach, Florida. 33444.
Section 8. All I•csolutions or parts of resolutions in con(liet herewith shall be and hereby are
repealed.
Section 9. 'This Resolution shall be el'fective concurrent with Resolution No. 1.9-24.
3
ILLS. NO. 53-24
CFN 20240085116
OR BK 34883 PG 4
Pg: 4 of 6
PASSED AND ADOPTED in regular session on the
ATTEST:
Katerri Johnson, C i y Clerk
Appro�-d as
Lv Geli .
and
ty Attorney
!sufficiency:
`a *1 -
Shelly Petrolia,
of ak,, , 2024.
4
RE'S. No. 53-24
CFN 20240085116
OR BK 34883 PG 5
Pg: 5 of 6
Exhibit "A"
Legal Description
The northern a9.$0 feet al' 1_ot l4 and (tic southern hair of Lot la, Amended Plat of Sundt' and Cromer's
Subdivision of block 70, Original Town of Linton (now Delray), according: to the Plat thereof as recorded in
Plat. Book 6. Pagc 17, Public Records orPahn Beach County, Florida
RES. NNO. 53-24
CFN 20240085116
OR BK 34883 PG 6
Pg: Detp y Beach
Florida
CITY OF DEL.RAY BEACH �,,�ad
OFFICE OF THE CITY CLERK 1 IU111
100 N.W. 1ST AVENUE + DELRAY BEACH • FLORIDA 33444 # (561) 243-7050
19Ki3.2[I�}1.2t11'
CERTIFICATION
I, Alexis Givings, Deputy City Clerk of the City of Delray Beach, do hereby
certify that the attached document is a true and correct copy of Resolution No. 53-24,
as the same was passed and adopted by the Delray Beach City Commission in regular
session on the 501 day of March 2024.
IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of
the City of Delray Beach, Florida, on this the gcn day of March 2024.
Alexis Givings "
Deputy City Clerk
City of Delray Beach, Florida
i
• "it
r
U• MAL •2
L : C: P L : f? i', 1,:.=. (`,i [, j'.; i ;! I .�..,r: S PO ► i O ' L L: ::i
f'v! f>f c L LC: �. '•1SfI?L.14 P1��`: ;1Ti`. ;�'��;�� f..i